A Distributed Denial of Service (DDoS) attack is a malicious attempt to disrupt normal traffic of a targeted server, service or network by overwhelming it with a flood of Internet traffic. DDoS attacks accomplish this by leveraging multiple compromised computer systems as sources of attack traffic. Victims of DDoS attacks include both commercial and government websites and services.
Are DDoS attacks illegal? The short answer is yes, DDoS attacks are illegal under many laws and circumstances. However, the legality of DDoS attacks depends on specific circumstances and jurisdictions. In this comprehensive guide, we will examine the legality of DDoS attacks from different perspectives:
Are DDoS attacks a crime under cybercrime laws?
Many countries and regions around the world now have cybercrime laws that specifically outlaw and criminalize DDoS attacks. For example:
– In the United States, DDoS attacks may be prosecuted under the Computer Fraud and Abuse Act (CFAA) as well as various state cybercrime statutes. The CFAA prohibits intentionally causing damage to a protected computer system without authorization, which applies to most DDoS attacks.
– In Europe, the Council of Europe Convention on Cybercrime of 2001 (also called the Budapest Convention) criminalizes computer network attacks that intentionally hinder the lawful use of computer systems and data. The treaty has been ratified by over 50 countries.
– In Australia, amendments to the Criminal Code Act in 2015 introduced new offenses for unauthorized impairment of electronic communication and data, which includes DDoS attacks. Penalties include substantial fines and up to 10 years imprisonment.
– Many Asian countries such as China, India, Malaysia, and Singapore have enacted laws that specifically prohibit DDoS attacks and penalize offenders.
So in most parts of the world, launching DDoS attacks is a criminal offense punishable under cybercrime statutes. The penalties vary across jurisdictions but typically include hefty fines and imprisonment.
Are DDoS attacks illegal under computer hacking laws?
In areas where no specific cybercrime laws exist, DDoS attacks may still be illegal under laws relating to unauthorized computer access and hacking.
For example, the United States Computer Fraud and Abuse Act (CFAA) prohibits unauthorized access that causes damage to protected computers. So even in the absence of provisions directly targeting DDoS attacks, the disruption caused by flooding a system with requests could be construed as “damage” under the CFAA.
The United Kingdom Computer Misuse Act similarly criminalizes unauthorized acts like crashing, slowing down, or disrupting the operation of computer systems. DDoS attacks fall under these provisions.
So in many countries, laws against hacking and unauthorized computer access have been successfully invoked to penalize DDoS attacks even without dedicated cybercrime statutes.
Are DDoS attacks illegal under telecom laws?
Most countries regulate their telecommunications infrastructure and networks under law. Telecom laws often prohibit tampering with, obstructing, or interfering with lawful communications over telecom networks.
Since DDoS floods essentially obstruct and interfere with legitimate network traffic, they are illegal under telecom laws in many regions. For example, in Australia telecom companies can take civil action against DDoS attacks under the Telecommunications Act.
Some telecom regulators like the U.S. Federal Communications Commission (FCC) have started specifically calling out DDoS attacks as malicious interference with telecom networks. So telecom laws provide another avenue to prosecute DDoS attacks in many jurisdictions.
When are DDoS attacks not illegal?
There are certain circumstances where DDoS attacks may not clearly be illegal:
– **Testing on your own systems**: Launching DDoS attacks on your own systems for testing purposes is generally not illegal. But consent is required if other systems are impacted.
– **Locations with no applicable laws**: A few nations worldwide currently lack cybercrime laws that specifically outlaw DDoS attacks. But hacking and telecom interference laws may still apply.
– **State actors**: Countries initiating DDoS campaigns against enemy states are essentially immune from legal prosecution. But this is still unethical “cyber warfare” under international norms.
– **Proportional self-defense**: There is some legal theory that DDoS counter-attacks may be justifiable self-defense if proportionate to an ongoing attack. But this view is controversial and still legally risky in most places.
So while exceptions exist in narrow circumstances, conducting DDoS attacks intentionally is still widely recognized as unethical, harmful behavior that is illegal under most laws. The lack of universal global prohibition remains an issue, however.
Are DDoS attacks on school/work networks illegal?
Conducting DDoS attacks against school or workplace networks is clearly illegal. Educational institutions and businesses put extensive security safeguards and monitoring in place to detect such internal attacks.
Trying to crash your school’s Wi-Fi network or employees’ computers using DDoS tools would violate:
– State and federal computer crime laws prohibiting unauthorized disruption or damage to protected computers used for business, commerce, and communications.
– The institution’s own internal IT policies, codes of conduct, and student handbooks that prohibit network abuse or misconduct.
– Other laws like copyright and licensing, since using illegally obtained DDoS software contravenes these.
The penalties could include suspension, expulsion or firing, fines, and even criminal prosecution. Internal DDoS attacks almost always cause easily traced attribution to the source IP and device. So students and employees tempted to try this on institutional networks should think again!
Can website owners legally DDoS attack hackers?
Website owners under attack might wonder if counter-hacking the attacker’s systems with DDoS tools is justified self-defense. But this reaction is extremely unwise and still illegal under most laws.
Problems with website owners launching counter-DDoS attacks include:
– Retaliatory attacks may impact innocent systems used by the hacker, raising attribution challenges. Counter-strikes could break laws as a result.
– Website owners seldom have solid attribution proving who is behind an attack to justify counter-strikes.
– It encourages an escalating cycle of illegal attacks and counter-attacks online.
– The website owner may be mistaken and hit the wrong target.
– It could knock systems offline relied upon by emergency responders.
So legal experts overwhelmingly recommend website owners work with authorities and legal processes instead of taking matters into their own hands. DDoS self-defense claims rarely hold up in court.
Are DDoS stresser services illegal?
So-called DDoS stresser or booter services have emerged that let users pay to launch attacks against targets. Users simply enter the URL to attack.
Are these DDoS-for-hire services legal? Generally, no. The services rent out attack tools that flood sites with junk traffic. This contravenes most cybercrime, computer misuse, and telecom laws.
That said, it is challenging to shut down criminal DDoS services because they:
– Operate anonymously overseas in lax jurisdictions.
– Use cryptocurrencies like Bitcoin for payment.
– Hop between servers and domains.
Law enforcement has successfully seized some sites like vDos and Webstresser. But more online DDoS marketplaces constantly appear to replace them. Legally prosecuting all participants in these services remains difficult – but their activities still clearly violate most laws.
Can you go to jail or be fined for DDoS attacks?
Given DDoS attacks are illegal, what are the real-world penalties if caught and convicted?
Make no mistake – although sentencing varies, attackers do face substantial fines, prison time, and civil damages for DDoS attacks in most jurisdictions.
For example, here are some notable convictions and penalties for DDoS attacks and related cybercrimes:
– The UK “Lizard Squad” hackers behind high-profile DDoS attacks on Xbox Live and PlayStation Network were sentenced to jail for international cybercrimes.
– A North Carolina DDoS revenge attacker received 2 years federal imprisonment and a fine over $95,000 under the CFAA.
– The co-creator of the Mirai IoT botnet used for massive DDoS attacks was sentenced to 6 months confinement and 2500 hours community service.
– $17 million in penalties were assessed in California against DDoS booter service proprietors under the CFAA and California laws.
– A South Korea DDoS attacker received a suspended 18-month prison sentence and 120 hours community service under Korea’s Information and Communications Technology Protection Law.
So substantial legal consequences from fines to jail time are common for DDoS perpetrators. But the challenge lies in catching & attributing anonymous actors often operating internationally in the poorly policed depths of the web.
What if you are innocently ensnared in a DDoS attack?
A key challenge with DDoS enforcement is that attacks frequently spoof and bounce off innocent systems. So victims of secondary DDoS impacts may face scrutiny even if unknowingly co-opted.
If your system was hijacked and used in a DDoS flood, experts recommend:
– Documenting and reporting the attack to authorities immediately once discovered.
– Cooperating fully with any investigations, as lack of intent to participate may be a mitigating factor or defense under the law. However…
– Hiring knowledgeable legal counsel, as some laws still make lack of cybersecurity negligence illegal.
So while truly blameless parties may avoid prosecution, they should still approach involvement in a DDoS cautiously and with legal guidance. Mere proximity to an attack does not grant immunity under the law.
Can companies sue attackers for DDoS damages?
Beyond criminal penalties, DDoS victims can pursue civil lawsuits for economic harm against attackers. Major companies increasingly seek monetary judgements and settlements against responsible parties.
Notable examples include:
– Sony settled a suit for damages from the Lizard Squad DDoS attacks out of court for $15,000.
– A registrar sued domain registrants behind DDoS attacks and obtained a $3.4 million default judgement.
– Rackspace sued a Chinese domain owner in 2017 and extracted a $40 million settlement for a DDoS campaign harming their business.
– MUSO.com attained a $17 million judgement against DDoS booter service DDoS.com.
Victims can sue for damages even if the perpetrator is anonymous, then collect if later identified. So civil action provides another legal disincentive for DDoS misuse.
Should DDoS attacks be treated as civil disobedience?
Some politically motivated DDoS attacks have been characterized as civil disobedience. The anonymity collective Anonymous and similar hacktivist groups often portray their denial-of-service activities as principled digital protests.
But most legal experts reject classifying DDoS attacks as legitimate civil disobedience for reasons like:
– They cause commercial damage beyond making a political statement.
– Attacks often fall disproportionately on innocent third-parties.
– Less disruptive lawful protest alternatives exist to voice dissent.
– They violate democratically enacted laws.
Especially for website defacements, data dumps or service outages aimed coercively at companies, law enforcement views these more as extortion than social justice. So while the perpetrators may claim a social purpose, prominent legal views believe DDoS tactics go well beyond reasonable civil disobedience boundaries into unethical cybercrime.
Should laws treat minors who DDoS less harshly?
A difficult legal question is how to handle minor perpetrators below the age of majority who conduct DDoS attacks.
Key considerations:
– Minors still cause real harm, lost productivity, and damages through DDoS misuse. And victims reasonably expect consequences under justice.
– DDoS tools today are so simple to use that age/maturity offers limited excuse for intentional abuse.
– Permitting minors to skirt accountability may encourage more juvenile DDoS attacks.
– Minors still often comprehend the unethical and illegal nature of DDoS, even if influenced more by peers than adults.
That said, most legal systems recognize that children and teens have less complete ethical responsibility and impulse control. So guidelines typically recommend:
– Favoring rehabilitation over incarceration for minor offenders.
– Considering peer pressure and bad advice from online sources as mitigating factors.
– Ordering restitution or reparations more appropriate than harsh fines.
Overall, a nuanced case-by-case approach accounting for age and intent will likely deliver the fairest justice for underage DDoS activities. But blanket immunity for minors could exacerbate the problem.
How can companies legally defend against DDoS attacks?
For companies and websites threatened by DDoS attacks, what legal precautions can they take?
Recommended proactive measures include:
– Purchasing DDoS mitigation services from vendors specialized in traffic scrubbing and attack absorption. This is fully legal.
– Blocking incoming traffic from likely malicious ISP netblocks and regions once an attack begins, which is justified self-defense.
– Cooperating closely with telecom providers and law enforcement to trace & block attacks, file criminal complaints, and request court orders to disable attacking systems.
– Building up IT infrastructure resiliency and bandwidth to better weather attacks.
– Setting up warning systems to detect odd traffic spikes indicative of DDoS activity.
– Pursuing civil litigation against perpetrators.
But victims should stop short of illegal retaliation. Overall, a blend of legal deterrence and solid technical defenses is key to surviving the DDoS threat.
Conclusion
DDoS attacks that deliberately disrupt online services clearly violate criminal laws across most of the world, though some jurisdictions still lag in coverage. Participants in DDoS attacks as well as paid booter services can face stiff fines and imprisonment for these unlawful acts. Civil lawsuits also increasingly seek damages from perpetrators and tool sellers. Certain cybercrime laws like the CFAA in the U.S. conspicuously lack reform to address modern technological capabilities, challenging prosecution. But the overall legal trend is towards stronger deterrence of denial-of-service abuses that undermine digital commerce and communication – a promising sign for the future.
